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All kinds of retaliation in the workplace are not protected; however, some laws protect employees from retaliation when employees engage in protected activity. This activity includes complaints of discrimination or sexual harassment employees make to their employer to another relevant agency. Also, the protected activity includes taking part in an investigation about another employee who has made such kinds of complaints.
Proving Retaliation
If you think you have been retaliated against in the workplace, filing a claim is not enough. You must prove the claim by establishing your engagement in protected activity and the adverse employment action against you by your employer. You also have to prove that your employer took the materially adverse action because of your engagement in protected activity. Materially adverse actions include demotion, termination, unexpected negative performance review, salary reduction, transfers or reassignments, and other employment changes. Proving workplace retaliation is quite tricky so you must consider working with one of the best New Jersey employment lawyers. Your lawyer can tell you the strength of your claim and the kind of records that are admissible in court. They will make sure you meet all the applicable deadlines for filing charges with the EEOC.
How your Attorney can Help
Proving retaliation in the workplace can be intimidating and stressful, especially if you are dealing with the emotional and financial impacts of retaliation. However, you don’t have to do it alone. A skilled employment attorney is well-versed in workplace retaliation laws and can give you the support and guidance you need. They will investigate your case, collect the necessary evidence including employment records and logs that your employer has kept. Also, they will represent you in interactions with your employer as well as explain the law and your options. They will be there for you when navigating the laws in your state including filing a complaint with the division of civil rights in your state or the federal EEOC. Also, they will guide you through your remedies, give you legal representation in any hearings, negotiate a settlement for you, or take your case to trial. A great attorney will handle your case with confidence.
A consultation with an attorney often lasts for around an hour. During the consultation, you will discuss the details of your case and get advice on how strong your case is and what to do next. Your attorney should be honest with you whether or your case is worth moving forward.
